Kunal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16041 of 2020 Arising Out of PS. Case No.-447 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== KUNAL KUMAR SINGH S/o Rajkumar Singh R/o village- Kamalpur, P.S.- Biddupur, District- Vaishali.

... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate.

For the State :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-09-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Bidupur P.S. Case No.447 of 2019 registered under Section 384, 307 and 386 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that the informant Shiv Nath Singh had made written complaint at Police Station-Bidupur and to Block Development Officer, Bidupur, regarding the demand of ransom by Chandan Kumar and Kunal Kumar Singh (petitioner) from his son Rajesh Kumar Singh. Thereafter, on 04.11.2019, Chandan Kumar and Kunal Kumar Singh (petitioner) along with two unknown came at the door of the informant boarding on

Patna High Court CR. MISC. No.16041 of 2020(3) dt.07-09-2020 2/3 motorcycles and called the informant and made query about his son Rajesh. While the informant was intending to give reply to them but, at that time, Chandan Kumar and Kunal Kumar Singh (petitioner) started to make indiscriminate firing. While the informant tried to flee away from there to save his life but he sustained injury on his left shoulder, left thigh and right thigh and he fell down at his door. On hearing the sound of firing, when the neighbours of the informant started to coming there, then on seeing them, all fled away from there boarding on the motorcycles. Thereafter, the informant was rushed to Primary Health Centre, Bidupur, and after giving first aid to him there, he was referred to P.M.C.H., Patna, by the doctor for better treatment.

Learned counsel appearing on behalf of the petitioner submits that the petitioner and the informant are co-villagers and due to dirty village politics, the petitioner has falsely been implicated in this case. While, on investigation, the police has already submitted the charge-sheet against the petitioner on 23.01.2020 but there is no description of the injury report, as alleged to be sustained by the informant, therein. Learned counsel for the petitioner submitted at the Bar that while the petitioner is accused in two other cases, as detailed in

Patna High Court CR. MISC. No.16041 of 2020(3) dt.07-09-2020 3/3 paragraph-3 to this application, but he is on bail in those cases. The petitioner is in custody since 29.11.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Biddupur P.S. Case No.447 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T